West Coast Times. MONDAY, MARCH 5, 1866.
The Gothenburg has brought us intercolonial news of considerable and varied interest. Tho Kinder tragedy in Syd ney has for the present culminated in the conviction of the principal actor in that dark history. The dentist Bertrand lies under sentence of death. It is a somewhat singular circumstance that in two instances in tho colonies lately, convictions have followed on a second trial, the jury not being able to agree to a verdict in tho first. It was (so in tho case of Jarvey, hanged in Dunedin for the murder of his wife. During the interval between tho sentence of that convict and his execution, intelligence arrived of the respite of the woman Winsor, convicted of child murder at Torquay 1 , in consequence of an important legal point raised by her counsel. It was contended that, according to the British law, no subjeot of the Crown could be "put in peril" twice on the same accusation, and that if a jury lawfully charged with the trial of an issue involving a
capital punishment were discharged by the judge without.agreeing to a verdict, the prisoner could not again bo legally arraigned. The question was accepted as ono of such importance that it was reserved for tho full bench of judges to determine; and meanwhile it was elaborately discussed in the leading journals. The decision has not yet been given, nnd the wretched woman still lies in her cell unhanged. It was the common impression at the time in Dunedin hat Jarvey would not have been executed, had nows of this case reached the Wellington authorities in time to prevent the death warrant being despatched; and the night before tho last sentence of the law was carried out tho Sheriff determined on deferring its execution until such an hour on the following morning as would allow a telegram to be received from Christchurch in case the steamer then due at that port, brought any later instructions from tho seat of Government. In disharging the first jury 1 in Bertrand's caso and putting the prisoner on his trial a second time, Sir Alfred Stephen, tho Chief Justice of New South Wales, must have had the Winsor caso fully before his mind, and been convinced of the full legality of his proceeding. It appears that the* point was raised "by the counsel engaged for |the defenco, for the second trial we arc told was preceded by a long legal argument. It is to be assumed that under tho circumstances Sir Alfred Stephen had the assistance of the advice of his judicial brethren, and on this point it is not to be apprehended therefore that tho execution of the sentence will bo deferred. Whether, however, tho extraordinary career of Bertrand will really end on the scaffold, is a totally different affair. Tho New South Wales Government have in many instances displayed a morbid indisposition to inflict the extreme penalty of the law. In the case of one of the most deliberate murders ever perpetrated — where a respectable tradesman was shot down whilst standing at his own street door — the life, of the murderer was spared after he had been duly sentenced to death without hope of mercy, as Bertram! has now been. Justice is differently administei-ed in the various colonies, and many a convict has escaped in New South Wales who would have been hanged in Victoria. We may add as a further item of Sydney news, that the bushranger Dunn has been convicted and received the death sentence.
Tho Melbourne news is politically interesting. Tho 'Age" furnishes some particulars of the statistics of tho late general election. It appears that the roll of persons entitled to vote for members of the Legislative Assembly numbers 111,974 persons, of whom 73,611 aro ratepayers and 33,363 "Manhood Suffrage-right" holders. Of these 84,400 voted, 55,184 in favor of ministerial candidates, and 29,416 in favor of opposition candidates. The "Age" adds : — '•In the large and important districts, however, of Creswick, Crowlands, Avoca, East Geelong and Belfast, containing over 20,000 electors, there was no opposition. The populations in these portions of the colony were known to bo almost unanimous in favor of the Government ; and the idea of bringing forward any persons in tho interest of the free trade party was, therefore, never entertained. These -figures conclusively show the strength of tho Government, and tho determination Of tho people to support them." The "Argus" on tho other hand, makes uso of the large number of voters who polled for opposition candidates, as affording a strong argument in favor of the representation of minorities in Parliament. It views tho exclusion of many leading men from tho Houso by narrow majorities secured by their opponents in local contests, as indicative of a fatal defect in the elective machinery of tho colony. Our contemporary says: — "It cannot be disputed that an electoral law, which, while professing to secure the representation of all, leaves no inconsiderable section of the community unrepresented, is radically defective, while it does violence to tho fundamental principle of democracy —the government of the whole people Whatever may be the opinions entertained of Messrs Wood, Michio, and Harker, by tho political opponents of these gentlemen respectively, it will generally be conceded they ought to occupy seats (iv( iv tho Legislature, and that the oonduct f public affairs and tho dieoussion of publio questions suffer by their absence. Now, under tho electoral law of Denmark, and under that proposed by Mr Hare and approved of by Mr Mill, each of the gentlemen we have named would most assuredly be returned, sinco he could calculate with the greatest certainty upon polling the requisite number of yote» in bo wide and comp-
rehensive as the whole colony." No doubt the principle of representation propounded by Mr Hare, is the most purely philosophical one that has been discussed by publicists. Wo have not, however, arrived at a sufficient stage of political development in New Zealand, to invest it with much importance here. To the denizens of other colonies sojourning amongst us tho controversy will possess much interest.
The battle between the two Houses of the legislature of Viotoria has already recommenced, the Legislative Council having adopted an Address in reply to the viceregal speech by a majority of 17 to 7, which the leading Ministerial journal describes as "written in the worst possiblo spirit ; and, whilst anything but respectful to the Governor, principally a sarcasm upon the action ami determination of tho country, as shown i" tho elections "
Tho finaucial statement made by the Treasurer is considered satisfactory, as showing the great resources and increasing prospects of tho country. Tho tariff resolutions adopted by the previous Assembly have been passed, and the Collector of Customs has been instructed to take the necessary steps to protect the revenue. It is impossible to con. jecture to what results tho continuance of the struggle may lead. Without the concurrence of tho Upper House tho nrutcotion tariff cannot be legally enforced, and the Council as yet show no sijjn of yielding. The Constitution of Victoria is undergoing a ruder trial than has been the case in the modern history of any colony.
On Saturday lust a miucr Buffering from a gunshot wound in tho chin solicited admittanco into tho Hospital. Ho stated that whilst at work that morning close to tho Amhum j'ivor, his revolver dropped out of his belt and exploded os it foil, tho ball unfortunately lodging betweed his chin and throat. He bled very much but happily aid was at hand and tho wound having been roughly dressed, ho was conveyed to tho Hospital by a charitable packer who lont his horse for tho purpose. Fortunately Dr. Ryloy was in attendance, and at onco dressed tho wound, which we are sorry to say is rather dangorous, tho ball having penetrated to somo depth, and so far has defied all efforts made to oxtract it.
Tho Canterbury Press quotes largely from the West Coast papers, commenting on its sohemo for tho establishment of a local government at Westland, aud suggests that tho flvo members for this distriot to bo aoturnod to the Provincial Council should be sent to Christchuroh prepared with a well matured sohome to bo submitted to tho House as tho claim of their constituents.
Tho Molbourne papers report a great flro' whioh took placo on fcho 19th ulfc. Messrs Beauchamp and Rooko's furniture warehouse, in Collins-street East, was totally consumed, together with an immense stock, estimated to bo worth not loss than £20,000.
Tho urgent necessity of a well organisod Firo Brigade in Hokitika is daily becoming more apparent, and we trust no time will bo lost in completing tho arrangements now in hand for that purpose, or wo shall be attacked by the dreaded foo when unpropared to meet it, and bo compellod to stand holplosßly by and soo tho town dovastatod. Wo havo again escaped by a more miracle, for on Sunday morning at 3 o'clock tho premises known as tho Lambing Flat Hotol, Gibson's Quay, wore discovered to be on flro. From what we can learn it appears that somo of tho inmates woro aroused by a orackling noise, accompanied by a donso smoke and smoll of burning, and on making soaroh found that tho kitchen and pantry were burning. Fortunatolj, tho firo had made but little progross, and assistance being at hand, was promptly extinguished. Wo boliovo it waß caused by tho carelessnoss of tho cook, who left a candle burning on a box in such a position that it upset and ignitod tho wood. Abovo tho box was a shelf with some butter and meat upon it, and tho flamo reaching this quickly molted tho butter which caught firo and bogan to blazo florcoly, soon extending to tho rafters of tho building abovo it. At this stage it was fortunately discovered and its progress stayed. Tho building has sufforod littlo or no damage, but wo wer c informed by Sergeant Hickson that had thoy been ten minutes lator in discovering tho fire, tho chances are that not only tho building, but porhaps tho wholo of Gibson's Quay would havo been destroyed. Wo trust tho warning givon by tlm occurrence will not bo neglected.
Wo havo to correct an error in our lacf issue Instead of Clark Brothers, it should havo been Mr Olarko, of ths firm of Burke and Co., at whoso suit Mr Price was arrested in Christohuroh.
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West Coast Times, Issue 144, 5 March 1866, Page 2
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1,748West Coast Times. MONDAY, MARCH 5, 1866. West Coast Times, Issue 144, 5 March 1866, Page 2
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